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MORRISON v. HIGBEE

No. 83-31.

668 P.2d 1025 (1983)

Peter A. MORRISON, et al., Plaintiffs, v. Edwin P. HIGBEE, et al., Defendants. James E. ROBERTSON, Plaintiff and Appellant, v. Lewis HUGHES and Mildred Hughes, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 30, 1983.

Rehearing Denied September 15, 1983.

Attorney(s) appearing for the Case

Moore, Rice, O'Connell & Refling, David C. Moon, Bozeman, for plaintiff and appellant.

Morrow, Sedivy & Olson, J.H. Morrow, Bozeman, for defendants and respondents.

SHEEHY, Justice.

Robertson brought an action in the District Court of the Fifth Judicial District, Madison County, to obtain an injunction against the defendants Hughes to prevent them from further utilizing a portion of Robertson's irrigation ditch to convey water. The Hughes counterclaimed for damages, both actual and punitive, alleging that Robertson negligently maintained the ditch, which caused erosion, and maliciously...

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